Réflexions sur la construction d’une notion juridique : l’exemple de la notion de services d’intérêt général

Dorian Guinard, Eric Millard

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In line with a positivist approach, the thesis provides several lessons that have been verified experimentally by analysing the case law of judges (internal and European Union) and the decision-making practice of the European Commission.

The thesis develops first of all the processes of construction of the concept of services of general interest. Services of general interest thus stem from various sources, from the will of several actors and different systems within a complex normative network, governed by a set of mechanisms and legal constraints that the thesis identifies and whose stakes and characteristics it describes (first part).

The thesis then discusses the consequences of constructing the concept of services of general interest. The configuration of the legal order of the European Union means that services of interest contribute to increasing the powers of the Union’s bodies by enabling the authorities at the end of the litigation chain to proclaim the content of the general interest. This proclamation is justified by specific legal elements. Their study uncovers the reasoning mechanisms of the legal actors (European Union Judges, Internal Judges, European Commission) and their implications (second part).